"Nonsense." That's how Chief Justice John Roberts Jr. described the contention that Georgia prosecutors had not been motivated by race when they weeded out every potential black juror from a 1987 death penalty trial. Roberts penned the majority opinion in Foster v. Chatman, which reversed a decision by the Georgia Supreme Court that overlooked new evidence of racial discrimination in the trial of Timothy Foster, an African American man, which was a factor leading to his death sentence by an all-white jury. The case had been pending in the high court for an unusually long time, after being argued in November, suggesting that the justices were torn over how to decide it, particularly after the death of Justice Antonin Scalia.

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